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Shruthi (BA)     23 March 2014

Decree of divorce

Court has issued Decree of Divorce as the repondent is not attend the trails. Have few questions on this.

1. Is Decree of Divorce equal to divorce certificate?

2. By how many days respondent can open the case again.

3. Getting marraied after Decree of Divorcce is valid?

4. What should be the next steps to be followed after getting Decree of Divorce?



Learning

 12 Replies

Gautam Kapoor (IT professional Studying Law)     23 March 2014

1. Is Decree of Divorce equal to divorce certificate? -> Not in entiriety

2. By how many days respondent can open the case again. -> till 90 days

3. Getting marraied after Decree of Divorcce is valid?  after 90 days is vaild.

Shruthi (BA)     23 March 2014

Thanks Gautham!!

 

Petitionar has a kid.. Judgement doesnot say any thing about the kid.

Can the respondent open the case and request for custody of the kid in later any time?

Further not to get into complications what should we do?

Adv Archana Deshmukh (Practicing Advocate)     23 March 2014

It will be better to file a seperate petition for custody of the child under the Guardians and wards act in such circumstances.

Shruthi (BA)     23 March 2014

Even if he files the Custody of the child but the respondent is not attending the trails.

Kapil Gupta (Advocate)     23 March 2014

Dear client, I answer all your questions one by one in the sequence of your questions- 1-No, the decree of divorce is not the certificate of divorce because the defeated party has the option to go in appeal. 2- Within 90 days, the respondent should file an appeal. 3- After the completion of the period of 90 days after the issuance of decree, you can remarry. 4- After completion of the aforesaid period of 90 days, you will have to filean application in the court for the execution of the decree. For anymore help, you can contact me on my e-mail id or my mobile. Thank you.

Kapil Gupta (Advocate)     23 March 2014

Dear client, I answer all your questions one by one in the sequence of your questions- 1-No, the decree of divorce is not the certificate of divorce because the defeated party has the option to go in appeal. 2- Within 90 days, the respondent should file an appeal. 3- After the completion of the period of 90 days after the issuance of decree, you can remarry. 4- After completion of the aforesaid period of 90 days, you will have to filean application in the court for the execution of the decree. For anymore help, you can contact me on my e-mail id or my mobile. Thank you.

Shantanu Wavhal (Worker)     23 March 2014

1. Is Decree of Divorce equal to divorce certificate?

 

nothing called divorce certificate exists in law.

divorce decree is all that is necessary.

 

 

2. By how many days respondent can open the case again.

3. Getting marraied after Decree of Divorcce is valid?

4. What should be the next steps to be followed after getting Decree of Divorce?

 

get married on 91th day of passing the decree.

so evenif he files appeal, the appeal would be infructous.

 

 

child custody is never final.

if he decides, he can continue the battle for child custody.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     23 March 2014

Dear Querist

my opinion on your queries are as under:

1. Is Decree of Divorce equal to divorce certificate?

opinion: yes, it is.

 

2. By how many days respondent can open the case again.

Opinion: within 90 days, if the decree is exparty.

 

3. Getting marraied after Decree of Divorcce is valid?

Opinion: yes after 90 days

 

4. What should be the next steps to be followed after getting Decree of Divorce?

Opinion: do as you wish

 

5. Can the respondent open the case and request for custody of the kid in later any time?

no after 90 days respondent can not open the case

nikhil singh (Advocate)     24 March 2014

Yes decree is equal to divorce certificate.

after expire of 90 days. 

AMAR (exec)     24 March 2014

Hi! Can a Divorce GRANTED BY MUTUAL CONSENT BE CHALLENGED/APPEALED?

AMAR (exec)     24 March 2014

Can a decree of Divorce By Mutual Consent Be challenged

aap (manager)     24 March 2014

Yes with in 30 day perid mcd can be challanged


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